Patently busy: IBM filing 10 patents/day in technology

The annual patent survey by the IEEE shows that IBM had the most software …

A recent article in Spectrum, the online magazine of the Institute of Electrical and Electronics Engineers (IEEE), rated companies in nine categories (Aerospace and Defense, Computer Peripherals and Storage, Computer Systems and Software, Electronics, Medical Equipment, Semiconductor Equipment Manufacturing, Semiconductor Manufacturing, Telecom Equipment, and Telecom Services) by the number and strength of patents that they received over the last year for which there was complete data, 2006.

At Ars Technica, we assume that most of our readers are interested in the scores for Computer Systems and Software: IBM led the field with 3,651 patents, and Microsoft came in second with 1,469. However, Microsoft won the overall scorecard, which took into account many different details such as the generality of patents, the number of patents that referenced earlier works, and the growth from 2006.

In this overall ranking, Hewlett-Packard placed third, and Toshiba and Digimarc rounded out the top five. Of course, the data can be interpreted in many different ways: the Patent Board ranked IBM as #1 for winning the "Technology Strength" metric (4,665 to Microsoft's 3,865) but using their numbers, one could equally call Microsoft the innovation winner based on the "Science Strength" totals, where Bill Gates' firm beat out Big Blue handily, 15,163 to 3,074.

The IEEE patent rankings. Image courtesy IEEE

Software patents are a contentious issue, and many are concerned when large companies such as Microsoft are seen to patent things such as new DRM systems or new forms of adware. Still, the industry seems to be hurt far worse by "patent trolls"—small companies that have no other business than using broad patents to sue those who actually make products. Microsoft has often been the victim of patent lawsuits; the recent $1.5 billion decision over the Alcatel MP3 patent was just one example. Trying to file as many patents as humanly possible—something which Microsoft managers definitely encourage—could be considered a defense mechanism against patent lawsuits. Of course, Microsoft is currently holding patent-related threats over the head of Linux, which shows that the company can and will use them offensively as well as defensively.

Indeed, history tells us that large corporations do not always sit behind their walled fortresses, passively defending against lawsuit attacks with their patent-turrets. Back in the old days, when dinosaurs roamed the earth and mainframes were the dominant form of computer, IBM was often accused of sending their patent lawyers off on "patent protection racket" tours, demanding annual payments from smaller firms. Those days may be long gone, but someone at IBM evidently still remembers them: the company recently filed an application to patent the concept of a patent protection racket.